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STATE OF FLORIDA i GG lCY CLERi t

AGENCY FOR HEALTHCARE ADMINISTRATION S 2015 SEP I Lt A II: q

HERNANDO-PASCO, HOSPICE, INC.,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, SUNCOAST BAYCARE HOSPICE OF PASCO, LLC;

Respondents.

                                                                         I

COMPASSIONATE CARE HOSPICE OF THE GULF COAST, INC.,

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, SUNCOAST BAYCARE HOSPICE OF PASCO, LLC,

DOAH No. 15-2000CON

AHCA No. 2015002661

CON No. 10283

DOAH No. 15-2004CON AHCA No. 2015002658

CON 10280

CON 10283

Respondents.

                                                                      I

SUNCOAST BAYCARE HOSPICE OF PASCO,LLC,

vs.

Cross-Petitioner,

DOAH No. 15-2002CON AHCA No. 2015003351

COMPASSIONATE CARE HOSPICE OF THE GULF COAST, INC.,

Cross-Respondent.

                                                                      I

1

Filed September 24, 2015 1:00 PM Division of Administrative Hearings

GULFSIDE HOSPICE & PASCO PALLIATIVE CARE, INC.

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, SUNCOAST BAYCARE HOSPICE OF PASCO,LLC,

Respondents.

-------------------'/

FINAL ORDER

DOAH No. 15-2009CON

AHCA No. 2015002659

CON 10283

THIS CAUSE is before the State of Florida, Agency for Health Care Administration ("the Agency") concerning the preliminary approval of Certificate of Need ("CON") 10283 filed by Suncoast BayCare Hospice of Pasco, LLC (hereinafter "Suncoast"), to establish a new hospice program, and the preliminary denial of CON 10280, to establish a new hospice program, with respect to the fixed need pool for Service Area 5A.

1. The Agency comparatively reviewed CON applications for new hospice program batching cycle with an application due date of November 19, 2014, for the fixed need pool for Sub-District SA. For the case at hand, the reviews included in relevant part:

   10280	Compassionate Care Hospice of the Gulf Coast, Inc.	Denied
   10281	Odyssey Healthcare of Marion County, LLC	Denied
   10282	Regency Hospice of Northwest Florida, Inc.	Denied
   10283	Suncoast Bay Care Hospice of Hillsborough, LLC	Approved
   10284	VITAS Healthcare Corporation of Florida	Denied
   10285	West Florida Health, Inc.	Denied

   
   

2. On February 23, 2015, the Agency published notice in the Florida Administrative Register of its decisions regarding the preliminary denial of CON Applications No. 10280, 10281, 10282, 10284, 10285-and the preliminary approval of CON 10283.

3. On March 13, 2015, Compassionate Care Hospice of the Gulf Coast, Inc. (hereinafter "Compassionate Care") filed a Petition for Formal Administrative Hearing to contest the preliminary approval of Suncoast's application for CON No. 10283, and to contest the preliminary denial of its application for CON No. 10280.

4. On March 13, 2015, Gulfside Hospice & Pasco Palliative Care, Inc. filed a Petition for Formal Administrative Proceedings to challenge the approval of Suncoast's application for CON 10283 and to support the denial of the other co-batched applications.

5. On March 16, 2015, Hernando-Pasco Hospice, Inc. filed a Petition for Formal Administrative Proceedings challenging the preliminary approval of Suncoast's application for application for CON No. 10283, and supporting the preliminary denial of the other co-batched applications to establish a new hospice program in the same area.

6. On March 30, 2015, Suncoast filed a Cross-Petition for Formal Administrative Proceeding to support the approval of its application for CON No. 10283 and to support the denial of CON Application No. 10280 filed by Compassionate Care.

7. The Agency referred the Petitions to the Division of Administrative Hearings and an Administrative Law Judge ("ALJ") was assigned.

8. On May 22, 2015, Compassionate Care filed a Notice of Voluntary Dismissal of its Petition for Hearing.

9. On May 28, 2015, Suncoast filed a Notice of Withdrawal of Application and Voluntary Dismissal.

10. On June 5, 2015, the ALJ entered an Order Closing Files and Relinquishing Jurisdiction to the Agency.

It is therefore ORDERED:

1. The denial of CON Application No. 10280 is UPHELD.

   
   

2. The Agency's preliminary approval of CON Application 10283 is RESCINDED.

ORDERED in Tallahassee, Florida, on this .i day of      15.

ecretary

Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy along with the filing fee prescribed by law with the District Court of Appeal in the appellate district where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of the rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by the method designated to the persons named below on this /                  of

l¥?i ,2015.

Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

Elizabeth W. McArthur Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 215 South Monroe Street, Suite 750

Tallahassee, Florida 32301 (U.S. Mail)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer and Dobbs, LLC 1500 Marquis Two Tower

285 Peachtree Center Avenue, Northeast Atlanta, Georgia 30303

(U.S. Mail)

H. Darrell White, Esquire

12470 Telecom Parkway, Suite 300 West Temple Terrace, Florida 33637

(U.S. Mail)

Shannon L. Drake, Esquire Gentiva Health Services, Inc.

3350 Riverwood Parkway, Suite 1400

Atlanta, Georgia 30339 (U.S. Mail)

Corinne T. Porcher, Esquire Smith and Associates

3301 Thomasville Road, Suite 201

Tallahassee, Florida 32308 (U.S. Mail)

M. Christopher Bryant, Esquire

Oertel, Fernandez, Bryant and Atkinson, P.A. Post Office Box 1110

2060 Delta Way

Tallahassee, Florida 32302-1110 (U.S. Mail)

Stephen K. Boone, Esquire

Boone, Boone, Boone, and Koda, P.A. 1001 Avenida Del Circo

Post Office Box 1596 Venice, Florida 34284 (U.S. Mail)

R. Terry Rigsby, Esquire Pennington, Moore, Wilkinson, Bell and Dunbar, P.A.

215 South Monroe Street, Second Floor Tallahassee, Florida 32302-2095

(U.S. Mail)

Robert A. Weiss, Esquire Moyle Law Firm, P.A.

118 North Gadsden Street Tallahassee, Florida 32301 (U.S. Mail)

Geoffrey D. Smith, Esquire Smith and Associates

3301 Thomasville Road, Suite 201

Tallahassee, Florida 32308 (U.S. Mail)

Karl David Acuff, Esquire

Law Office of Karl David Acuff, P.A., Suite 2 1615 Village Square Boulevard

Tallahassee, Florida 32309-2770 (U.S. Mail)

Karen Ann Putnal, Esquire Moyle Law Firm, P.A.

118 North Gadsden Street Tallahassee, Florida 32301 (U.S. Mail)

Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Lorraine M. Novak, Esquire Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Marisol Fitch, Unit Manager Certificate of Need Unit

Agency for Health Care Administration (Electronic Mail)

Noel Cronin Lawrence, Unit Manager Home Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 15-002002CON

Orders for Case No: 15-002002CON